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Selected Works

2007

Human rights

Social and Behavioral Sciences

Articles 1 - 2 of 2

Full-Text Articles in Law

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein Jan 2007

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This thought experiment examines whether transitional justice has a place in the Israeli-Palestinian post-conflict and, at the same time, what attempting to fit the Israeli-Palestinian conflict into the transitional paradigm can teach us about the limits and possibilities of the transitional justice paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas, but that they offer a limited, inherent “procedural value” to post-conflict societies by instantiating new political dynamics between former political enemies.


Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin Jan 2007

Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin

David M. Smolin

This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.